Fragomen Immigration Update: April 3 - 10, 2014

In United States immigration news this week, U.S. Citizenship and Immigration Services announced that it received approximately 172,500 cap cases for Fiscal Year 2015 H-1B employment – 48,000 more cases than were received last year and far exceeding the annual limit of 85,000 approvals. 

The U.S. State Department’s May 2014 Visa Bulletin shows there will be no movement in cut-off dates for EB-3 worldwide, EB-3 China and EB-2 India next month, and only modest advancements for EB-3 India and EB-2 China. 

In Russia, employers can apply for 2015 work permit quotas from through July 1, 2014. The European Union has introduced two formal proposals to simplify visa processing for short-term travelers to the Schengen Area. Turkey’s new immigration law — to be implemented in stages beginning on April 12 — will significantly change residence permit requirements and filing procedures and will place new restrictions on business and tourist visa applicants. 

Foreign nationals with pending permit applications in South Africa will no longer be permitted to travel overseas without losing work authorization and being subject to possible fines. 

A bill currently before Australia’s Parliament would repeal a law that is set to require foreign offshore workers to have work authorization beginning June 30, 2014. If the repeal bill becomes law, immigration rules will remain unchanged for foreign offshore workers. 

These items and other news from Israel, Italy and the United States follow in this edition of the Fragomen Immigration Update. 

Remember that the Immigration Update is available through both e-mail and Web version by clicking on "View as Web Page" above.

 

Important Updates in Immigration This Week

United States, April 10, 2014

Proposed Rules on Work Authorization for Certain H-1B Dependents and Others Expected to Advance

According to an announcement from the White House, the Department of Homeland Security will soon publish two proposed rules that would provide work authorization to certain dependents of H-1B foreign nationals and grant additional work authorization to E-3 and H-1B1 employees awaiting the approval of timely-filed extension applications.

To view entire article, click here.

 

United States, April 10, 2014

USCIS Receives 172,500 FY 2015 H-1B Cap Cases, Runs Selection Lotteries

This year, cases had a roughly 42 percent chance of being selected for processing in the standard cap lottery – a drop of some 20 percent over last year.

To view entire article, click here.

 

United States, April 9, 2014

May 2014 Visa Bulletin: No Movement in EB-3 Worldwide and China Cut-Off; Modest Advancements for EB-3 India and EB-2 China

The cutoff date for EB-3 China and most other countries will remain at October 1, 2012. EB-3 India will advance by two weeks, to October 1, 2003, and EB-3 Philippines will advance by eighteen weeks, to November 1, 2007. EB-2 China will advance by five weeks to April 15, 2009.

To view entire article, click here.

 

United States, April 7, 2014

FY 2015 H-1B Cap Has Been Reached

The annual limit of 85,000 new H-1B petitions was reached within a week, though USCIS will continue to accept cases through today. USCIS will then conduct a random lottery to choose enough H-1B petitions to result in 85,000 approvals.

To view entire article, click here.

 

United States, April 4, 2014

H-1B Cap Update: To Address Courier Service Delivery Delays, USCIS Will Accept Refilings in Some Circumstances

Due to reports that courier services were unable to confirm delivery of a number of FY 2015 H-1B cap cases, USCIS is temporarily relaxing its prohibition against duplicate H-1B filings. In limited circumstances, the agency will accept a second petition for the same foreign beneficiary, along with new fees, explanation of the reason for the second petition, documentation that the first case was delayed or not delivered, and a request to withdraw the earlier petition. Refilings must be received by Monday, April 7, 2014.

To view entire article, click here.

 

Turkey, April 8, 2014

New Law to Place Restrictions on Business Visitors, Cause Gradual Changes to Residence Permit Rules

The new immigration law — to be implemented in stages beginning on April 12 — will create significant changes to residence permit requirements and filing procedures and will place new restrictions on business and tourist visa applicants.

To view entire article, click here.

 

Australia, April 7, 2014

Changes Proposed to Work Authorization Requirements for Offshore Resource Workers

The Australian Parliament is now considering a bill to repeal legislation that would require all foreign offshore workers to hold a visa granting employment authorization if they will work in any capacity on an offshore resource project, effective June 30, 2014.

To view entire article, click here.

 

Russia, April 7, 2014

Employers Can Apply for 2015 Work Permit Quotas from April 7, 2014

Employers will be able to apply for 2015 work permit quotas beginning April 7, 2014. Quota applications must be lodged by July 1, 2014 and employers are advised to act quickly to ensure applications are filed as soon as possible. Employers that rely on the Highly Qualified Specialist program, which does not require approved quota numbers, are advised to obtain quota numbers for 2015 as a backup.

To view entire article, click here.

 

European Union, April 4, 2014

European Commission Proposes Simplifying Visa Processes for Schengen Area

The European Commission has proposed streamlining visa processing for short-term travelers to the Schengen Area, including the creation of a Touring Visa that would allow stays of up to one year within the Area, with stays in any individual member state limited to 90 days within any 180-day period. The proposals advance the Commission’s new immigration priorities to facilitate the short-term stay and mobility of highly-skilled professionals supplying services within the European Union.

To view entire article, click here.

 

South Africa, April 4, 2014

Foreign Nationals with Pending Applications No Longer Permitted to Travel Overseas

Foreign nationals who lodge permit applications in South Africa will no longer be able to depart and re-enter South Africa without losing work authorization and being subject to possible fines. These rules may apply to foreign nationals with pending permit applications and who are currently outside of South Africa depending on their date of departure.

To view entire article, click here.

 

Other Immigration News This Week

United States: USCIS Updates H-2B Cap Count - USCIS continues to accept H-2B petitions for employment start dates in the second half of FY 2014. The agency reports that as of April 4, 2014, it had received filings on behalf of 20,326 H-2B beneficiaries for the second half of FY 2014. Of these, 15,824 had been approved and 4,502 remained pending. The cap for each half-year is 33,000, but USCIS accepts filings in excess of the cap because some cases will be denied or withdrawn and because employers may ultimately employ fewer H-2B beneficiaries than reflected in their petitions. 

Israel: Immigration Processing Suspended During Passover – In observance of the Passover holiday, government offices in Israel will be closed from April 10 through April 23, 2014. During this time, no work permits or visa applications will be adjudicated. In addition, Israeli consulates abroad may suspend their operations or conduct limited processing during this time. Visa applicants should check with their local consulate for specific information on holiday operations. 

Italy: Work Permit Quotas Available for Expo 2015, Seasonal Workers – Online work permit applications for Expo 2015 and seasonal workers will be accepted from April 4 through December 31, 2014. Two thousand work permits will be allocated to foreign nationals performing services in conjunction with the 2015 Expo in Milan. The event, which will begin on May 1, 2015, is a six-month universal exposition featuring a theme of global interest. A separate quota of 15,000 is available to seasonal workers of select nationalities, with 3,000 reserved for third-country nationals who have performed seasonal work in Italy in the previous two years. 

Quotas, a key feature of Italy’s immigration system, are divided into sub-categories according to whether work is seasonal or non-seasonal, the applicant’s nationality and the work location in Italy.

 

Global Immigration News Links 

• House Democrat Nancy Pelosi (D-CA) continues her push for immigration reform on the road. And after a meeting with Homeland Security Secretary Jeh Johnson, leaders of the Congressional Hispanic Caucus said they are confident that the White House will act on immigration reform if legislation fails in the House.
• Immigration reform takes center stage at the Civil Rights Summit in Austin, where four U.S. Presidents and top politicians from both parties are finding a common ground on immigration.
• Some House Republicans hope to add a provision to the annual defense bill that would create a path to citizenship for young undocumented immigrants who enlist in the military.
• The UK is tightening its immigration policies in order to restrict foreign job seekers’ access to welfare payments so they may claim benefits for their children only after spending at least three months in the UK.
• Germany’s cabinet has approved legislation that will allow more immigrants to hold dual citizenship.

 

^{© 2009 - 2015 © Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.}